Ajit Kumar Vs. State of Jharkhand (Supreme Court)
The appellant herein was working as sub-ordinate Judge in Garhwa, Jharkhand when an order was issued by the Governor of Jharkhand removing him from service by an order issued on 31.07.2003 on the basis of a resolution of the Full Court of the High Court of Jharkhand recommending his removal from service. The Inspecting Judge inspected the records of the Civil Court and submitted a confidential report to the Chief Justice of the Jharkhand High Court that the appellant did not use to prepare judgments on his own, rather he used to get it prepared through some body else before delivering the judgments.
The Chief justice referred the matter to the Full Court for considering the appropriate action. On 18.06.2003, the Full Court, after considering the confidential report and the report of the Inspecting Judge, resolved that the appellant can be recommended for removal from the service, without any inquiry as it was felt that it was not practicable in the interest of the institution to hold an inquiry since it may lead to the question of validity of several judgments rendered by him.
Consequently the Full Court recommended for invocation of the proviso (b) to Article 311(2) of the Constitution of India to dispense with the inquiry as against the appellant to remove him from service, following which the Governor while exercising his power issued the impugned order of removal of the appellant from the service which was under challenge in the writ petition before the High Court. The High Court upheld the order of removal passed by the Governor holding that the order was passed on the recommendation of the resolution of the Full Court by invoking the proviso (b) to Article 311(2) of the Constitution of India which permits the dispensation of an inquiry on the grounds that it is not reasonably practical to hold an inquiry. The High Court also held that the aforesaid exercise of power under Article 311(2) (b) of the Constitution of India is permissible and therefore the action taken removing the appellant from service was legal and justified.
On Appeal Honorable SC held that Under the scheme of the Indian Constitution the High Court is vested with the power to take decision for appointment of the sub-ordinate judiciary under Articles 234 to 236 of the Constitution. The High Court is also vested with the power to see that the high traditions and standards of the judiciary are maintained by the selection of proper persons to run the district judiciary. If a person is found not worthy to be a member of the judicial service or it is found that he has committed a misconduct he could be removed from the service by following the procedure laid. Power could also be exercised for such dismissal or removal by following the pre- conditions as laid down under Article 311(2) (b) of the Constitution of India. Even for imposing a punishment of dismissal or removal or reduction in rank, the High Court can hold disciplinary proceedings and recommend such punishments. The Governor, alone is competent to impose such punishment upon persons coming under Articles 233 – 235 read with Article 311(2) of the Constitution of India. Similarly, such a power could be exercised by the High Court to dispense with an inquiry for a reason to be recorded in writing and such dispensation of an enquiry for valid reasons when recommended to the Governor, it is within the competence of the Governor to issue such orders in terms of the recommendation of the High Court in exercise of power under Article 311(2) (b) of the Constitution of India.
Supreme Court of India
Ajit Kumar Vs State Of Jharkhand & Ors. on 10 March, 2011
CIVIL APPEAL NO. 2420 OF 2011
[Arising out of S.L.P (C) No. 12141 of 2008]
JUDGMENT
